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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2943
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

predictions of future events aren't actionable false advertising

6 months agoIndustries / Law : 43(B)log

Duty Free Americas, Inc. v. Estée Lauder Cos., 2014 WL 1329359, No. 12–60741 (S.D. Fla. Mar. 31, 2014) This is mostly an antitrust case; the antitrust claims are all dismissed because no one wins antitrust cases. DFA operates duty-free stores in airports, with beauty products a major category. Show More Summary

using metatags/buying AdWords isn't trademark use

6 months agoIndustries / Law : 43(B)log

Radiancy, Inc. v. Viatek Consumer Products Group, Inc., 2014 WL 1318374, No. 13–cv–3767 (S.D.N.Y. Apr. 1, 2014) And now for a different result on the pleading standards for affirmative defenses! Among the many arguments in this case, Viatek raised unclean hands as an affirmative defense. Show More Summary

Twiqbal doesn't apply to unclean hands defense

6 months agoIndustries / Law : 43(B)log

Newborn Bros. Co. v. Albion Engineering Co., No. 12–2999, 2014 WL 1272109 (D.N.J. Mar. 27, 2014) Newborn sued its competitor Albion for allegedly falsely advertising its dispensing guns (used to apply sealants and adhesives) as made in the US when Albion knew they were made in Taiwan. Show More Summary

Statements about quality care were puffing despite standard of care

6 months agoIndustries / Law : 43(B)log

Intermountain Stroke Center, Inc. v. Intermountain Health Care, Inc., No. 2:13–cv–00909, 2014 WL 1320281 (D. Utah Mar. 31, 2014) ISC sued IHC for violations of the Lanham Act and Utah’s Truth in Advertising Act and intentional interference with actual/prospective economic relations. Show More Summary

Statements to sellers of must-have component actionable under Lanham Act

6 months agoIndustries / Law : 43(B)log

TriStar Investors, Inc. v. American Tower Corp., No. 3:12–cv–0499, 2014 WL 1327663 (N.D. Tex. Apr. 3, 2014) Cell towers are mostly owned and operated by tower companies, which rent wireless carriers the right to locate equipment on their towers. Show More Summary

Is flexibility the same as unpredictability?

6 months agoIndustries / Law : 43(B)log

Thought on the anti-fair use meme being used, mostly, to oppose the introduction of fair use in other countries: the criticism is that fair use’s flexibility means that it’s inherently and undesirably unpredictable. (See, e.g., the Kernochan Center’s submission to the Australian copyright inquiry.) But those aren’t synonyms. Show More Summary

dispute over reliability of state of the art goes to trial

6 months agoIndustries / Law : 43(B)log

Nellcor Puritan Bennett LLC v. CAS Medical Systems, Inc., No. 2:11–cv–15697, 2014 WL 1304428 (E.D. Mich. Mar. 28, 2014) The parties compete to sell cerebral oximeters, used by surgeons and anesthesiologists to monitor the oxygen saturation level of blood in a region of the brain. Show More Summary

Juxtaposed claims can produce literal falsity

6 months agoIndustries / Law : 43(B)log

Groupe SEB USA, Inc. v. Euro–Pro Operating LLC, No. 14–137, 2014 WL 1316039 (W.D. Pa. Apr. 1, 2014) (magistrate judge) The parties compete to sell household steam irons. Plaintiff’s are sold under the name Rowenta, allegedly the top sellers by dollar value. Show More Summary

failure to conform to dog breed standard isn't literally false

6 months agoIndustries / Law : 43(B)log

It's really more of a guideline.Wagner v. Circle W Mastiffs, No. 2:08–CV–00431, 2014 WL 1308713 (S.D. Ohio Mar. 31, 2014) I’m skipping the many and complex defamation claims. The Lanham Act bit: the Lanham Act plaintiffs alleged that...Show More Summary

What does Lexmark mean for the "commercial advertising or promotion" test?

6 months agoIndustries / Law : 43(B)log

Goodman v. Does 1–10, No. 4:13–CV–139, 2014 WL 1310310 (E.D.N.C. Mar. 28, 2014) The first post-Lexmarkopinion I’ve seen, and a thoughtful one at that. The complaint alleged various defamation and unfair competition claims based on postings on a website, localdirtbags.com, run by defendant Lagoy. Show More Summary

Transformative work of the day?

6 months agoIndustries / Law : 43(B)log

Browser plug-in that swaps Daily Mail headlines with reader comments. Nearly complete identity but for the arrangement, but also commentary, and this reaction shows how the two are intertwined: "This plugin is definitely funny, but there's something illuminating about it too. Show More Summary

Reading list: judging similarity in copyright

6 months agoIndustries / Law : 43(B)log

Shyamkrishna Balganesh, Irina D. Manta, & Tess Wilkinson-Ryan, Judging Similarity, 100 Iowa L. Rev. (forthcoming 2014) Our first study reveals that basic knowledge about the act of copying, meaning that one work was copied from the other, greatly influences individuals’ assessments of similarity. Show More Summary

Reading list: false advertising and prior restraint

6 months agoIndustries / Law : 43(B)log

Corinne Stuart, The Applicability of the Prior Restraint Doctrine to False Advertising Law (Winter v. Natural Resources Defense Council, Inc., 129 S. Ct. 365, 2008), 21 Geo. Mason L. Rev. 531-555 (2014). Argues that prior restraint doctrine...Show More Summary

Next Great Copyright Act Conference, reform

6 months agoIndustries / Law : 43(B)log

Modes and Venues for Reform Moderator: Nancy E. Weiss, U.S. Institute of Museum and Library Services (IMLS) Troy Dow, The Walt Disney Company Need to ensure meaningful and not merely symbolic protection to authors as well as users; otherwise it’s not a copyright law at all. Show More Summary

Next Great Copyright Act Conference, remedies

6 months agoIndustries / Law : 43(B)log

Remedies and Enforcement Moderator: Mitchell Zimmerman, Fenwick & West LLP To copyright maximalists, the entire population of the world seems to be Holmes’ bad man. Corynne McSherry, Electronic Frontier Foundation Broad agreement on need to fix, even if we don’t agree how. Show More Summary

Next Great Copyright Act Conference: Larry Lessig

6 months agoIndustries / Law : 43(B)log

David Nelson Memorial Keynote Lecture Introduction by Andrew E. Monach, Morrison & Foerster LLP Lawrence Lessig, Harvard University Aaron Swartz: How will you ever solve the problem of laws that choke creativity with a government that’s so corrupt. Show More Summary

Next Great Copyright Act Conference, quasi-copyright

6 months agoIndustries / Law : 43(B)log

Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines channel some claims to copyright and others to patent. Show More Summary

Next Great Copyright Act Conference, libraries

6 months agoIndustries / Law : 43(B)log

Reforms Affecting Schools, Libraries, Archives, and Museums Moderator: Tom Hemnes, GTC Law Group LLP & Affiliates Ruth Okediji, University of Minnesota Law School Schools don’t play a central role in the last Copyright Act; the next shouldn’t take the same piecemeal/dismissive approach. Show More Summary

The Next Great Copyright Act Conference, exceptions and limitations

6 months agoIndustries / Law : 43(B)log

Exception & Limitation Reforms Moderator: Andrew Gass, Latham & Watkins Jessica Litman, University of Michigan Law School Saying that the most important reason for copyright is to encourage readers etc. to experience works of authorship might suggest that readers etc. Show More Summary

The Next Great Copyright Act Conference, music

6 months agoIndustries / Law : 43(B)log

Music Industry Specific Reforms Moderator: Lydia Loren, Lewis & Clark Law School Rube Goldberg-like design of rules, antitrust degrees, licenses, etc.: reform is hardest to contemplate, but most desperately needed. So we need some ideas. Show More Summary

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